|
Grantee of Government assistance to support planning, research,or development or a demonstration
<br /> project financed under the Acts,as amended, understands and agrees that, in addition to the rights set
<br /> forth in subparagraph(B)(2)of this ITEM,the Government may make available to Grantee and/or any
<br /> third party contractor or third party subcontractor, either GovernmenYs license in the copyright to the
<br /> subject data derived under this Agreement or a copy of the subject data first produced under this
<br /> Agreement. In the event that such a Project,which is the subject of this Agreement, is not completed
<br /> for any reason whatsoever, all data developed under that Project shall become data as defined in
<br /> subparagraph(B)(1)of this ITEM and shall be delivered as the Government may direct. This
<br /> subsection, however,does not apply to adaptations of automatic data processing equipment or
<br /> programs for the Grantee's use,which costs are financed in whole or in part with Government
<br /> assistance for transportation capital projects.
<br /> 4. Unless prohibited by state law,the Grantee agrees to indemnify, save and hold harmless the State of
<br /> Illinois and FTA, their officers,agents,and employees acting within the scope of their official duties,
<br /> against any liability, including costs and expenses, resulting from any willful or intentiona�violation by
<br /> the Grantee of proprietary rights,copyrights,or right of privacy,arising out of the publication,
<br /> translation, reproduction,delivery, use,or disposition of any data furnished under this Agreement.
<br /> However,the Grantee shall not be required to indemnify the State of Illinois and FTA for any such
<br /> liability arising out of the wrongful acts of employees or agents of the Government.
<br /> 5. Nothing contained in this ITEM on rights in data shall imply a license to the Government under any
<br /> patent or be construed as affecting the scope of any license or other right otherwise granted to the
<br /> Department and FTA under any patent.
<br /> 6. The requirements of subparagraphs(B)(2),(3),and(4)of this ITEM do not apply to material furnished
<br /> to the Grantee by the Government and incorporated in the work carried out under the Agreement;
<br /> provided that such incorporated material is identified by the Grantee at the time of delivery of such
<br /> work.
<br /> 7. Unless the Government determines otherwise,the Grantee agrees to include the requirements of
<br /> subparagraphs(B)(1)through (B)(6)of this ITEM in its third party contracts for planning, research,
<br /> development,or demonstration under this Project.
<br /> ITEM 32-AMENDMENT
<br /> Except as provided in the PROJECT BUDGET ITEM,the Parties agree that no change or modification to this ,
<br /> Agreement, or any Exhibits or Attachments hereto, shall be of any force or effect unless the amendment is dated,
<br /> reduced to writing,executed by both parties, and attached to and made a part of this Agreement. No work shall be
<br /> commenced and no costs or obligations shall be incurred in consequence of any amendment to this Agreement or
<br /> any attachments hereto unless and until such amendment has been executed and made a part of this Agreement
<br /> and the Approved Project Budget has been amended to conform thereto.
<br /> ITEM 33-TITLES
<br /> The Parties agree that the titles of the items of this Agreement, hereinabove set forth,are inserted for convenience �
<br /> of identification only and shall not be considered for any other purpose.
<br /> ITEM 34-SCHOOL BUS AND CHARTER SERVICES OPERATIONS
<br /> A. School Bus Operations- Pursuant to 20 ILCS 2705/49.19(6),69 U.S.C.§5323(fl, and 49 CFR 605, and as a
<br /> condition of receiving grant monies from the Department,the Grantee certifies, by signing this Agreement,that
<br /> it is not engaged in school bus operations exclusively for the transportation of students and school bus
<br /> personnel in competition with private school bus operators where such private school bus operators are
<br /> available to provide adequate transportation at reasonable rates in conformance with applicable safety
<br /> State/Federal Capital Grant page 25 •
<br />
|